Kiwi Lawyers Plying Trade Offshore

by Miho Okamoto 9 hours ago

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Kiwi Lawyers Plying Trade Offshore - new zealand lawyers
Kiwi Lawyers Plying Trade Offshore

New Zealand lawyers are increasingly establishing practices in foreign jurisdictions, a trend that has grown more noticeable in recent years. While some seek work abroad, others are building dual practices that keep them based in New Zealand while allowing them to operate in international markets.

Tyrone Barugh, a Wellington solicitor, recently appeared before a judge in Auckland who was hearing a matter for the Pitcairn Islands. The judge, Paul Heath KC, and the Attorney-General, Simon Mount, are both New Zealanders, yet the case proceeded under Pitcairn law. It was an unusual setup for Barugh, who is one of a handful of lawyers admitted to a jurisdiction of fewer than 40 people.

The Pitcairn Islands, a British Overseas Territory in the Pacific, relies on New Zealand for much of its legal infrastructure. Under the Pitcairn Trials Act 2002, courts there may sit in New Zealand. However, the territory has limited infrastructure and a small population. Barugh notes that per capita, the access to lawyers is exceptionally high, with roughly one lawyer for every two or three residents.

Barugh holds admissions in the British Indian Ocean Territory, the British Antarctic Territory, and Kazakhstan’s Astana International Financial Centre. His work in these areas is infrequent but unique. He did not set foot on Pitcairn, nor has he visited the British Antarctic Territory, despite his admissions there. The Pitcairn application was initially declined before being reversed by a new chief justice.

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Barugh finds the substantive differences between jurisdictions interesting. In Pitcairn, a lawyer must apply for permission to do judicial review, unlike in New Zealand where it is an automatic right. He has handled two Pitcairn matters, with clients finding him through online postings and referrals. It is a niche practice that relies on the internet rather than physical proximity.

Wellington barrister Andrew Irwin specializes in Treaty of Waitangi and Māori land law. He advises on matters in the Cook Islands, where the legal system is based on New Zealand law. Irwin was admitted to the Cook Islands court through a series of referrals and recommendations from colleagues at the Crown Law Office.

The process was not entirely smooth. Irwin received an email notification for an online admission at 10 a.m. Cook Islands time, which is 8 a.m. New Zealand time. He had to rush to prepare, realizing he lacked a Bible for the swearing-in ceremony. Despite the technical difficulties, he was admitted and began working on cases that often involved complex land disputes.

Practising in the Cook Islands presents unique challenges. Case law is not always digitized, making research difficult. Irwin has encountered judges working from superseded statutes, a problem that affects the entire legal community there. The Cook Islands Law Society is working to make legislation more accessible, but the paper trail remains a hurdle for many lawyers.

Island time and technology create a specific environment for legal practice. Irwin has attended hearings in the morning and gone snorkelling in the afternoon. The judges, often drawn from New Zealand’s Māori Land Court, maintain high standards of legal conduct despite the relaxed setting. Irwin must ensure he is fully prepared, as the bench demands expertise in the underlying New Zealand legislation.

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For lawyers engaging with major international markets, the appeal often lies in the scale of the disputes. Daniel Kalderimis KC, a barrister at London chambers Twenty Essex, maintains a dual practice in New Zealand and England. He clerked in Wellington, briefly worked at Chapman Tripp, and later sat the New York bar, though he has never practised there.

Kalderimis converted his English solicitor qualification into a barrister’s qualification at Twenty Essex, bypassing the standard pupillage requirements due to his existing experience. His work now balances New Zealand matters with international arbitration. He recently acted for an investor in a treaty arbitration against Romania, arguing a successful case before a tribunal that included Lord Neuberger, the former President of the UK Supreme Court.

Running a practice across two jurisdictions doubles the administrative burden. Kalderimis must maintain separate professional indemnity insurers, pay annual fees, and adhere to two different sets of conduct rules. He emphasizes the importance of respecting these procedural rules, as they can differ significantly from what lawyers might expect based on their home jurisdiction.

The ability to work in both places requires a specific type of case. Clients looking for an English barrister might hesitate to instruct someone based in New Zealand, but Kalderimis argues that for international arbitration, location is often secondary to the right expertise. He notes that maintaining this balance keeps his practice grounded while exposing him to global legal standards.

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Another lawyer building a presence in Asia is Karen Chow of Bankside Chambers. She moved to Singapore to be closer to her elderly father, who lives in Malaysia. Chow had considered Australia, but a full-time position in Singapore allowed her to be closer to her family while continuing her legal career.

Singapore’s legal profession has a layered regulatory regime. Lawyers working purely in arbitration and mediation fall under a carve-out, but advising on foreign law, including New Zealand law, requires registration. Chow and her colleague had to incorporate their practices and register with the Ministry of Law, a process that took 18 to 24 months.

Chow is currently working through the process of qualifying to advise on Singapore law itself. Her formal title is that Singapore is her secondary jurisdiction, as she has not passed the local bar exam. The setup was lengthy and initially shook her confidence, but she is now settled in her role. She observes a steady flow of other New Zealand lawyers moving to Singapore, seeking opportunities in the region.

Chow notes that the regulatory environment requires significant patience. The lengthy registration process can test a lawyer’s commitment, but the rewards for those who stay include access to a major financial hub. The ability to advise on Singapore law directly will open doors for her career that would otherwise remain closed.

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